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‘Cannot shy away from liability’: Tahir Hussain’s bail plea junked
In denying him bail, additional sessions judge Vinod Yadav observed that Hussain’s house had become a hub of rioters and rabble-rousers to unleash what he described as the “worst communal riots since partition in Delhi.”
A Delhi court on Thursday dismissed an application for bail by suspended Aam Aadmi Party (AAP) councillor Tahir Hussain in three cases of rioting, arson, murder and conspiracy connected with the communal riots that rocked north-east Delhi in February.
In denying him bail, additional sessions judge Vinod Yadav observed that Hussain’s house had become a hub of rioters and rabble-rousers to unleash what he described as the “worst communal riots since partition in Delhi.” He also said the riots were “a gaping wound in the conscience of a nation aspiring to be a major global power”.
The riots started as clashes between protestors against and in favour of the Citizenship (Amendment) Act, or CAA, and went on to acquire a communal colour. The violence between February 23 and 27 left 53 people dead and 607 injured.
Yadav observed that during the communal riots, Hussain had held the powerful post of councillor. “It is prima facie apparent that Hussain abused his muscle power and political clout to act as a kingpin in planning, instigating and fanning the flames of communal conflagration,” he said.
Enough material existed on record to presume that Hussain “was present at the spot of crime and was exhorting the rioters of a particular community and as such, he did not use his hands and fists, but rioters as human weapons, who at his instigation could have killed anybody”.
Hussain’s lawyers have in the past denied the allegations against him and said he was a victim of political rivalry. Hussain had in interviews before his arrest said that he was a riot victim and not an accused. He also claimed that his family members had to flee the neighbourhood during the riots because they were feeling unsafe.
In his 18-page order, the judge said that the allegations against Hussain are “extremely grave in nature”.
“Even if there were no direct acts of violence attributable to the accused, he cannot shy away from his liability under the provisions of the sections invoked against him, particularly on account of the fact that his house became the hub for the rioters and rabble-rousers to unleash the worst communal riots since the partition in Delhi.”
He added: “The spread of riots on such a big scale in such a short time is not possible without a premeditated conspiracy. At this stage, I am reminded of a famous English saying that goes ‘when you choose to play with embers, you cannot blame the wind to have carried the spark a bit too far and spread the fire’ ”.
The judge said: “When the applicant (Hussain) is at the receiving end, he cannot pass the buck. He cannot plead that he had no role to play since he did not participate physically in the riots. It is prima facie apparent that the applicant abused his muscle power and political clout to foment communal violence in the area.”
He noted that besides the three cases in which he has sought bail, Hussain is also an accused in eight other cases related to the riots.
“I do not find any force in the arguments of learned counsel for the applicant that applicant has been falsely implicated in the present matter or that there is no legally sustainable evidence available against him. On the contrary, I find the ocular evidence of independent witnesses aforesaid to be categorical, which gives the clear details qua the active role played by him in the incidents in question,” the court said.
Delhi Police’s special cell has charged Hussain with rioting, murder and inciting rioters. He has also been charged with hatching a conspiracy to orchestrate the riots and funding the communal riots.
Several civil society members and student activists have criticised Delhi Police for its allegedly lopsided investigation of the riots and for arresting those who led the anti-CAA protests across the city in the months leading to the riots. Police have denied the allegations.
